far from improbable under the climate of Goree, was unavailable; the illegal flogging was the primary cause of the death, and therefore neither the effect of climate, misconduct, or mismanagement, could remove the original criminality. In this as in several other cases of death from ill-usage, it is a constant but unavailing plea that the deceased died not of the wounds or blows, but of fever, or defective treatment.[1]
On the subject of the tread-mill, we are not enabled to pronounce any very decided opinion, the invention has not been in use long enough to determine with any degree of accuracy its merits or defects; that it is held in considerable dread by offenders is certain, and the fear of returning to it may operate favourably on that class for which it appears best calculated, the regular vagabond; but it does not give any habit of industry, or teach any mode of labour to the merely idle or casually culpable, and therefore ought not to be indiscriminately applied to all cases. The punishment too is one of the most unequal in its operation that can be conceived; a man, who has been accustomed to running up stairs all his life, with good lungs and muscular legs, will scarcely suffer by it; while an asthmatic tailor, weaver, or other sedentary artizan will be half killed by the exercise. For women in certain stages, whether of menstruation or pregnancy, it is a dangerous and indecent torture, one which should immediately be forbidden, if not by the humanity of magistrates, by the wisdom of the legislature.
- ↑ This species of defence was set up in the case of M'Quirk, who was pardoned for the murder of George Clarke at a contested election, for Middlesex, (see Foote's Remarks.) We have again to report that precedents ought not to be drawn from times of turbulence or political dissention.
